CHAPTER 3
BEER AND LIQUOR LICENSING AND REGULATION
Section 3.01. Definitions. The following terms, as used in this Chapter, shall have the meanings stated:
Subd. 1. "Applicant" means any person making an application for a license under this Chapter.
Subd. 2. "Application" means a form with blanks or spaces thereon, to be filled in and completed by the applicant as his or her request for a license, furnished by the City and uniformly required as a prerequisite to the consideration of the issuance of a license for a business.
Subd. 3. "Beer" means non-intoxicating malt liquor which contains not in excess of 3.2 percent alcohol by weight.
Subd. 4. "Church" shall mean a building which is principally used as a place where persons of the same faith regularly assemble for the public worship of God.
Subd. 5. "Club" means any corporation duly organized under the laws of the State for civic, fraternal, social, or business purposes or for intellectual improvement or for the promotion of sports, which shall have more than fifty members, and shall, for more than a year, have owned, hired or leased a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable accommodation of its members, and whose affairs and management are conducted by a Board of Directors, Executive Committee, or other similar body chosen by the members at a meeting held for that purpose, none of whose members, officers, agents or employees are paid directly or indirectly any compensation by way of profit for the distribution or sale of beverages to the members of the club, or to its guests, beyond the amount of such reasonable salary or wages as may be fixed and voted each year by the members or other governing body.
Subd. 6. "Consume" means the actual drinking of intoxicating liquor or the having of intoxicating liquor in a glass or other container other than the original container in which said intoxicating liquor is contained, whether in its original form or mixed with any other ingredient for the purpose of consumption.
Subd. 7. "Display" means having any beer or liquor in a container other than the original container in which said beer or liquor was delivered to the licensed premises, or the presence of such beer or liquor in the original sealed container at any location in the licensed premises other than that where it is customarily kept prior to sale for storage, refrigeration or advertising purposes; provided, further, that use of original containers for advertising purposes shall not be permitted at any place in the licensed premises where such beverage is customarily consumed.
Subd. 8. "Exclusive liquor store" as herein used means an establishment used exclusively for the sale of intoxicating liquors, cigars, cigarettes, all forms of tobacco, non-intoxicating malt beverages, soft drinks at retail, either on-sale or off-sale, or both, and foodstuff incidental to the sale hereinbefore but not including prepared meals or foodstuff as a principal item of sale.
Subd. 9. "Hotel" and "motel".
A. For purposes of the beer licensing provisions of this chapter, "hotel" or "motel" meansand includes any establishment having a resident proprietor or manager, where, in consideration of payment therefor, food and lodging are regularly furnished to transients, and which contains not less than ten guest rooms with bedding and other suitable and necessary furnishings in each room, and which is provided with a suitable lobby, desk and office for the registration of its guests at the main entrance and on the ground floor, and which employs an adequate staff to provide suitable and usual service, and which maintains under the same management and control as the rest of the establishment and has an integral party thereof a dining room with appropriate facilities for seating not less than thirty guests at one time, which the general public is, in consideration of payment therefor, served with meals at tables.
B. For purposes of the liquor licensing provisions of this chapter, "hotel" or "motel" means and includes any establishment having a resident proprietor or manager, where in consideration of payment therefor, food and lodging are regularly furnished to transients, which maintains for the use of its guests not less than fifty (50) guest rooms with bedding and other usual suitable and necessary furnishings in each room, which is provided at the main entrance with a suitable lobby, desk and office for registration of its guests on the ground floor, which employs an adequate staff to provide suitable and usual service, and which maintains under the same management and control as the rest of the establishment and has, as an integral part thereof, a dining room with appropriate facilities for seating not less than seventy-five (75) guests at one time, where the general public is, in consideration of payment therefor, served meals at tables. The
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restaurant facilities of a hotel or motel shall be provided in a separate room apart from any bar room which provides specified seating for guests to whom meals may also be served, and must provide ingress-egress for guest therein without their having to go into or pass through a bar room area.
Subd. 10. "Intoxicating liquor" and "liquor" means ethyl alcohol and distilled, fermented, spirituous, vinous and malt beverages containing in excess of 3.2 percent of alcohol by weight.
Subd. 11. "License" means a document, issued by the City, to an applicant permitting the applicant to carry on and transact the business stated therein.
Subd. 12. "Licensee" means an applicant who, pursuant to their application, holds a valid, current, unexpired and unrevoked license from the City for carrying on the business stated therein.
Subd. 13. "License fee" means the money paid to the City pursuant to an application and prior to issuance of a license to transact and carry on the business stated therein.
Source: Ord. 335-2nd Series
Effective Date: 12/28/92
Subd. 14. “License year” means a calendar year from January 1 through December 31.
Subd. 15. "Manufacture" includes every person who, by any process of manufacture, fermenting, brewing, distilling, refining, rectifying, blending or by combination of different materials prepares or produces intoxicating liquors or beer for sale.
Subd. 16. "Off sale" means the retail sale of beer or liquor in original packages for consumption off or away from the premises where sold.
Subd. 17. "On sale" means the retail sale of liquor by the glass or by the drink, or beer by the bottle or glass, for consumption on the premises where sold only.
Subd. 18. "Package" and "original package" mean any container or receptacle holding liquor, beer or wine, which container or receptacle is corked, capped or sealed by a manufacturer or wholesaler.
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Subd. 19. "Person" includes a natural person of either sex, co-partnership, corporation and association of persons and the agent or manager of any of the aforesaid. The singular in number includes the plural, and the masculine pronoun includes the feminine and neuter.
Source: Ord. 411-2nd Series
Effective Date: 4/27/98
Subd. 20. "Public premises" as used in this Chapter includes restaurants, taverns, dance halls and other facilities operated for profit. Private or membership clubs and lodges shall be deemed public premises if they regularly sell beer, soft drinks or other liquids for mixing with intoxicating liquor for profit; however, such private or membership clubs and lodges shall not be deemed public premises if the mixing and consumption of intoxicating liquor thereon is causal and not for profit.
Subd. 21. "Restaurant."
A. For purposes of the beer licensing provisions of this chapter, "restaurant" means any commercial establishment for the sale of food for consumption on its premises, any commercial establishment for the sale of beer and liquor for consumption on its premises, any commercial establishment for the sale of soft drinks for consumption on its premises, or, any commercial establishment for the sale of any combination of the foregoing or operation of a business of any type in combination with any of the foregoing.
Source: Ord. 335-2nd Series
Effective Date: 12/28/92
B. For purposes of the liquor licensing provisions of this chapter, "restaurant" means any establishment other than a hotel or motel, under the control of a single proprietor or manager, having appropriate facilities to serve meals, for seating not less than fifty (50) guests at one time, and where in consideration of payment therefor, meals are regularly prepared on the premises and served at tables to the general public, and which employs an adequate staff for the usual and suitable service to its guests.
Source: Ord. 745-2nd Series
Effective Date: 03/28/16
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C. For purposes of this Chapter, “meals” are food prepared on the premises for immediate consumption, that is, food which would ordinarily be consumed without delay and without further preparation or storage. A “restaurant” specifically does not include limited food service establishments which serve only prepackaged food which receives no more than heat treatment.
Source: Ord. 411-2nd Series
Effective Date: 4/27/98
Source: Ord. 700-2nd Series
Effective Date: 07/14/14
Subd. 22. "Sale", "sell" and "sold" mean all forms of barter and all manner or means of furnishing merchandise to persons including such furnishings of beer and intoxicating liquor in violation or evasion of law.
Subd. 23. "Temporary License". A temporary on-sale beer or liquor license means a license issued to a club or charitable, religious, or non-profit organization for a period of not to exceed three (3) days.
Subd. 24. "Wholesale" includes any sale for purposes of resale.
Subd. 25. "Wholesaler" means any person engaged in the business of selling liquor, beer or wine to retail dealers.
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Section 3.02. Applications and Licenses - Procedure and Administration.
Subd. 1. Forms. All applications shall be made at the office of the City Clerk upon forms which have been adopted by resolution of the Council and prepared by the City. All questions asked or information required by application form shall be answered fully and completely by the applicant. Licenses shall also be in the form required by the Council. Application and license forms for initial, duplicate or renewal licenses may vary in such manner as the Council may determine.
Subd. 2. False Statements. It is unlawful for any applicant to intentionally make a false statement or omission upon any application form. Any false statement in such application form, shall,upon discovery of such falsehood, work an automatic refusal of license, or if already sued, shall render any license or permit issued pursuant thereto void and of no effect to protect the applicant from prosecution for violation of this Chapter or any part hereof.
Subd. 3. Action.
A. Granting. The Council may grant any application for a period of the remainder of the then current calendar year or for the entire ensuing license year. All applications including proposed license periods must be consistent with this Chapter.
B. Issuing. If an application is granted, the Mayor and City Clerk shall forthwith issue a license pursuant thereto in the form adopted by resolution of the Council and upon payment of the license fee. All licenses shall be on a calendar year basis unless otherwise specified herein as to particular businesses. Licenses shall be valid only at one location and on the premises therein described.
C. Transfer. No liquor license shall be transferable between persons or transferable to a different location without prior consent of the Council and upon payment of the fee for a duplicate license. A beer license may be transferred from one person to another or from one place to another upon application to and consent of the Council and the payment of a transfer fee. The amount of the transfer fee shall be set by Resolution of the City Council. If an application for transfer is denied, the transfer fee shall not be refunded, but remain the property of the City.
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D. Refusal, Revocation and Termination. The Council may, in its sole discretion and for any reasonable cause, refuse to grant any application, or revoke any license. No license shall be granted to a person of questionable moral character or business reputation. Before revocation of any license, the Council shall give notice to the licensee and grant such licensees opportunity to be heard. Notice to be given and the exact time of hearing shall be stated in the resolution calling for such hearing. Licenses shall terminate only by expiration or revocation.
Subd. 4. Duplicate Licenses. Duplicates of all original licenses may be issued by the City Clerk, without action by the Council, upon licensee's affidavit that the original has been lost, and upon payment of a fee for issuance of the duplicate. The amount of the fee shall be set by Resolution of the City Council. All duplicate licenses shall be clearly marked DUPLICATE.
Subd. 5. Posting. All licenses shall post their licenses in their places of business.
Subd. 6. Temporary "On-Sale" License. Any club or charitable, religious or non-profit organization may be issued a temporary "on-sale" license for the sale of non-intoxicating malt liquor or intoxicating beer, liquor, or wine in accordance with the provisions set forth in this Section 3.02, and upon such terms and conditions as may be imposed by the Alexandria City Council, which shall be in addition to the requirements established in all related sections of this Alexandria City Code.